WVC 62-1D-9
§62-1D-9. Lawful disclosure or use of contents of communication.
(a) Any investigative or law-enforcement officer who has
obtained knowledge of the contents of any wire, oral or electronic
communication or evidence derived therefrom, may disclose the
contents to another investigative or law-enforcement officer of any
state or any political subdivision thereof, the United States or
any territory, protectorate or possession of the United States,
including the District of Columbia, only to the extent that the
disclosure is required for the proper performance of the official
duties of the officer making or receiving the disclosure, however,
a record of such disclosure and the date, time, method of
disclosure and the name of the person or persons to whom disclosure
is made shall be forwarded, under seal, to the designated circuit
judge who authorized such interception, who shall preserve said
record for not less than ten years. In the event the designated
judge shall leave office prior to the expiration of this ten-year
period, he or she shall transfer possession of said record to
another designated judge.

(b) Any investigative or law-enforcement officer who has
obtained knowledge of the contents of any wire, oral or electronic
communication or evidence derived therefrom or any investigative or
a law-enforcement officer of any state or any political subdivision
thereof, the United States or any territory, protectorate or
possession of the United States, including the District of
Columbia, who obtains such knowledge by lawful disclosure may use
the contents to the extent that the use is appropriate to the
proper performance of his or her official duties under the provisions of this article.

(c) Any person who has received any information concerning
a wire, oral or electronic communication intercepted in accordance
with the provisions of this article or evidence derived therefrom,
may disclose the contents of that communication or the derivative
evidence while giving testimony under oath or affirmation in any
criminal proceeding held under the authority of this state or of
any political subdivison of this state.

(d) An otherwise privileged wire, oral or electronic
communication intercepted in accordance with, or in violation of,
the provisions of this article does not lose its privileged
character: Provided, That when an investigative or law-enforcement
officer, while engaged in intercepting wire, oral or electronic
communications in the manner authorized by this article, intercepts
a wire, oral or electronic communication and it becomes apparent
that the conversation is attorney-client in nature, the
investigative or law-enforcement officer shall immediately
terminate the monitoring of that conversation: Provided, however,
That notwithstanding any provision of this article to the contrary,
no device designed to intercept wire, oral or electronic
communications shall be placed or installed in such a manner as to
intercept wire, oral or electronic communications emanating from
the place of employment of any attorney at law, licensed to
practice law in this state.

(e) When an investigative or law-enforcement officer, while
engaged in intercepting wire, oral or electronic communications in
the manner authorized herein, intercepts wire, oral or electronic communications relating to offenses other than those specified in
the order of authorization, the contents thereof, and evidence
derived therefrom, may be disclosed or used as provided in
subsections (a) and (b) of this section. Such contents and any
evidence derived therefrom may be used under subsection (c) of this
section when authorized or approved by the designated circuit judge
where such judge finds on subsequent application that the contents
were otherwise intercepted in accordance with the provisions of
this article. The application shall be made as soon as may be
practicable after such contents or the evidence derived therefrom
is obtained.

(f) Any law-enforcement officer of the United States, who has
lawfully received any information concerning a wire, oral or
electronic communication or evidence lawfully derived therefrom,
may disclose the contents of that communication or the derivative
evidence while giving testimony under oath or affirmation in any
criminal proceeding held under the authority of this state.

(g) Any information relating to criminal activities other than
those activities for which an order to intercept communications may
be granted pursuant to section eight of this article may be
disclosed only if such relates to the commission of a felony under
the laws of this state, and such information may be offered, if
otherwise admissible, as evidence in any such criminal proceeding,
but shall not be used for the purpose of obtaining an arrest
warrant, or an indictment under laws of this state.

Note: WV Code updated with legislation passed through the 2016 Regular Session
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